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(215) 696-3900
Alvin F. de Levie’s $2.95 Million Wrongful Death Settlement Published in the Philadelphia Trial Lawyer Association’s Verdict Newsletter

$2.95 Million Wrongful Death Settlement

Alvin F. de Levie’s $2.95 Million Wrongful Death Settlement Published in the Philadelphia Trial Lawyer Association’s Verdict Newsletter

The Law Offices of Alvin F. de Levie | July 19, 2021
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We are proud the Philadelphia Trial Lawyer’s Association (“PTLA”) chose to feature our recent $2.95 Million Wrongful Death settlement in Centre County for the “Case Note of Interest” section in its most recent edition of Verdict.  

This most recent settlement is only one of the many wrongful death cases we have handled here at the Law Office of Alvin F. de Levie, Esq. We have represented families in wrongful death cases involving auto cases, motorcycle cases, medical malpractice cases, and civil rights cases throughout the Commonwealth of Pennsylvania, including, for example, Centre County, Philadelphia County, Lehigh County, York County, Chester County, and in the Western and Middle Federal District Courts of Pennsylvania, in cases arising in Fayette County and York County

As noted by the Philadelphia Trial Lawyer’s Association in the Verdict newsletter, in this most recent case, we represented the family of a young woman who was driving home from work with a pizza for her husband and two children. As she drove along State Route 45 in Potter Township, a defendant was operating a tractor in the opposite direction, half on the roadway and half on the berm, on his way to his employer’s farm with a 600lb bale of hay on the front of the tractor. As that defendant drove the tractor, it was struck from behind by a Toyota Tacoma operated by another defendant. After striking the rear of the tractor, the Tacoma, which was fitted with a snowplow, crossed the center line and struck our client’s Nissan Altima head-on, eventually causing her death.

We filed Wrongful Death and Survival Actions against the operators of the tractor and Tacoma, as well as the owner of the farm, seeking punitive damages. We alleged negligence and recklessness on the part of the tractor operator and his employer, as the tractor operated on the roadway after sunset without proper lighting and safety equipment as required under Pennsylvania Law. Specifically, we alleged the tractor had only one functional white light facing the rear of the tractor and a faded triangle that provided no illumination. We alleged the tractor operator and his employer were aware for an extended period that the tractor violated various motor vehicle code sections regarding the operation of a farm tractor on a public roadway after sunset.

We also alleged negligence on the part of Tacoma operator, who claimed he saw the white light on the rear of the tractor but failed to take evasive action until it was much too late. 

Extensive testing was performed on the vehicle operated by our client who was killed, the tractor and the Toyota Tacoma. The computers on the Tacoma and our client’s car were downloaded and the data was carefully reviewed and studied. The tractor was weighed both and without the bale of hay. The Tacoma and our client’s vehicle were weighed. The lighting systems on all three vehicles were also tested.  

Using all the data obtained from the downloaded “black boxes” and the various inspections of all vehicles involved in the accident, our expert, a retired Crash Reconstruction Specialist for the Pennsylvania State Police, conducted an exhaustive crash reconstruction analysis.  

Using the data, our expert determined the operator of the Tacoma responded to the tractor in front of him only 2 seconds before impact, braking aggressively and steering sharply to the left in a failed attempt to avoid a collision with the tractor. The Tacoma struck the left rear tire of the tractor, crossed into our client’s lane of travel and struck her vehicle head on. Our expert was also able to determine our client responded to the Tacoma 2.1 seconds before impact by braking aggressively and steering sharply to the right, but there was nothing she could do to avoid the crash. 

The fact our client jammed on her brake and cut her steeling wheel sharply to the right 2.1 seconds before the collision was critical to our argument that our client experienced fear of injury and death before impact and did everything possible to avoid the collision.

We also hired a medical expert. Based on an autopsy and examination of the evidence we gathered from the scene of the collisions, he was able to determine our client was conscious and in pain for 12 minutes before she died. This information was critical to showing conscious pain and suffering after the accident, as the defense argued our client was killed instantly and that her family was not therefore entitled to seek recovery for conscious pain and suffering after the collision.   

We spent hundreds of hours investigating the case, reviewing documents and data, discussing the case with experts, preparing submissions to the Court, preparing for and arguing motions, and mediating the case. 

After several days of Mediation and several weeks of continuing settlement negotiations, the parties reached a settlement of $2.95 Million.

What Should YOU do if a Loved One or Friend Was Killed as a Result of Medical Malpractice, a Traumatic Accident, a Civil Rights Violation, or Another Incident Involving the Negligence or Recklessness of Another?

YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY IMMEDIATELY SO EVIDENCE IS NOT DESTROYED. While certainly a family may not want to deal with the realities of litigation after losing a loved one, it is important that either the family or someone on their behalf contact an attorney so the important work of investigating the case can begin as soon as possible. 

As demonstrated by our most recent wrongful death settlement, these cases often require extensive, urgent and experienced investigation to ensure critical evidence is preserved and properly tested and analyzed. You need an attorney who has the experience and resources to investigate your case so key data is preserved, and to bring in competent experts to prove your case.

At the Law Office of Alvin F. de Levie, Esq., we have decades of experience handling wrongful death cases caused by medical malpractice, traumatic accidents, civil rights violations, and other incidents involving negligence and recklessness.

We handle cases throughout Pennsylvania: From Philadelphia and the surrounding counties to Centre County, from Central Pennsylvania to Pittsburgh, and from the New York border to the borders of West Virginia and Maryland. If someone you know died as a result of medical malpractice, an auto accident, a motorcycle accident, a traumatic accident, a civil rights violation, or another incident involving negligence or recklessness, please call our firm – 24 hours a day, 7 days a week – at (215) 696-3900 for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia and State College. We are willing to meet any clients throughout the Commonwealth.

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